HomeMy WebLinkAbout20120332 Ver 1_Approval Letter_20120426I ®®pp FK�®
ii''�9'� DEER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
April 26 2012
Bladen County
NCDWQ Project No 120332
Bridge 5 on NC 242
TIP Project No B 4711
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADDITIONAL CONDITIONS
Dee Freeman
Secretary
Dr Greg Thorpe PhD Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh North Carolina 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge No 5 over Singletary Mill Branch on NC 242 in Bladen County
I
Stream Impacts in
the Lumber River Basin
Site
Station
Permanent
Temporary
Permanent
Temporary
Total
Stream
003
0
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
NOW
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
0
0
Stream
Stream
Stream
Stream
(linear ft)
Mitigation
0
0
linear ft
linear ft
linear ft
linear ft
3
linear ft
1
16 +72 L
0
0
2
12
14
0
Total
0
0
2
12
14
0
Total Stream Impact for Protect 14 linear feet
Wetland Im acts in the Lumber River Basin riverme
Site
Station
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing
ac
Hand
Clearing
ac
Total Wetland)
Impact (ac)
1
16 +72 L
003
0
0
006
0
009
NOW
�
1
15 +59 to 16 +12
0
0
0
0
002
002
2
16 +36 to 21 +06
0
0
0
0
027
027
3
19 +93
<001
0
0
0
0
<001
Total
003
0
0
006
029
038
Total Wetland Impact for Protect 0 38 acres
The project shall be constructed in accordance with your application dated received April 3 2012 and revised
impact summary received on April 23 2012 After reviewing your application we have decided that these impacts
225 Green St Suite 714 Fayetteville NC 28301 5043 One
Phone 910433 33001 FAX 910 -486 0707 NorthCarohna
Internet www rimaterauality org
An Equal Opportunity 1 Affirmative Action Employer 50 Recycled 110 Post Consumer Paper �aturall✓ L9]/
are covered by General Water Quality Certification Number 3884 and 3891 This certification corresponds to the
Nationwide Permit 12 and Nationwide Permit 23 issued by the Corps of Engineers In addition you should acquire
any other federal state or local permits before you proceed with your project including (but not limited to) Sediment
and Erosion Control Non Discharge and Water Supply Watershed regulations This approval will expire with the
accompanying 404 permit
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your project change you must notify the NCDWQ and submit a new application If the property is sold the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all the conditions If total wetland fills for this project (now or in the future) exceed one acre or of total
impacts to streams (now or in the future) exceed 150 linear feet compensatory mitigation may be required as
described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below
Condition(s) of Certification
Protect Specific Conditions
1 In accordance with commitments made in your application all clearing of vegetation for purpose of
relocating overhead power Imes within jurisdictional wetlands shall be performed without the use of
mechanized equipment
2 Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification
3 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge
and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffers
etc) before entering the stream Please refer to the most current version of Stormwater Best Management
Practices
4 Project shall be constructed in accordance with the Stormwater Management Plan submitted and dated
February 6 2012
5 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods More specifically ,letting or other methods of pile driving are prohibited without prior
written approval from NCDWQ first
6 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters This water shall be captured treated and disposed of properly
General Conditions
7 Unless otherwise approved in this certification placement of culverts and other structures in open waters and
streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches to allow low flow passage of water and aquatic life Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result in
dis equilibrium of wetlands or streambeds or banks adjacent to or upstream and down stream of the above
structures The applicant is required to provide evidence that the equilibrium is being maintained if requested
in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features
encountered during construction please contact NCDWQ for guidance on how to proceed and to determine
whether or not a permit modification will be required
8 If concrete is used during construction a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills
9 During the construction of the project no staging of equipment of any kind is permitted in waters of the
U S or protected riparian buffers
10 The dimension pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions
I 1 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage
12 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval 1
13 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as
sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation in
flowing water
14 Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream -
15 All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials
16 No rock sand or other materials shall be dredged from the stream channel except where authorized by this
certification
17 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
18 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law if NCDWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated or that further conditions are necessary to assure compliance NCDWQ may
reevaluate and modify this certification
19 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise
authorized by this certification
20 A copy of this Water Quality Certification shall be maintained on the construction site at all times In
addition the Water Quality Certification and all subsequent modifications if any shall be maintained with
the Division Engineer and the on site protect manager
21 The outside buffer wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification
22 The issuance of this certification does not exempt the Permittee from complying with any and all statutes
rules regulations or ordinances that may be imposed by other government agencies (i a local state and
federal) having jurisdiction including but not limited to applicable buffer rules stormwater management
rules soil erosion and sedimentation control requirements etc
23 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours
of discovery
24 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT
Division Engineer shall complete and return the enclosed Certification of Completion Form to notify
NCDWQ when all work included in the 401 Certification has been completed
25 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction
26 There shall be no excavation from or waste disposal into ,jurisdictional wetlands or waters associated with
this permit without appropriate modification Should waste or borrow sites or access roads to waste or
borrow sites be located in wetlands or streams compensatory mitigation will be required since that is a direct
impact from road construction activities
27 Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed operated and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control measures
must be such that they equal or exceed the requirements specified in the most recent version of the
Noi th Carolina Sediment and Ei osion Conti of Manual The devices shall be maintained on all
construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased
borrow pits associated with the project
c For borrow pit sites the erosion and sediment control measures must be designed installed operated
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual
d The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act
28 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 733 2698 Facsimile (919) 733 3478
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you
have any questions please contact Mason Herndon at (910) 308 4021
Sincerely
a"k 1 ` �f
4wY
Charles Wakild
Du ector
Cc Greg Burns PE Division 6 Engineer
File Copy
Ec Jim Rerko Division 6 Environmental Officer
Ronnie Smith US Army Corps of Engineers Wilmington Field Office
Chris Milrtscher Environmental Protection Agency
Gary Jordan US Fish and Wildlife Service
Travis Wilson NC Wildlife Resources Commission
Sonia Carrillo NCDWQ Central Office
File Copy